No Federal Preemption In Final Pay Case

May 23, 2019 | From HRCalifornia Extra

by Erika Pickles, J.D.; Employment Law Counsel/HR Adviser

The California Supreme Court has weighed in on a case involving the San Francisco Giants, addressing when Section 301(a) of the federal Labor Management Relations Act (LMRA) may preempt a state law claim.

In the case, Oracle Park security guards alleged that they weren’t properly paid wages at the time of termination under California law. But the employer argued that the LMRA preempted the guards' claim because it required interpretation of the parties' collective bargaining agreement (CBA).

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